anglolawyer
Banned
Invalid and illogical, eh? Have you been reading too many Cassazione judgments, Mach? Not every argument rests on validity or logic. Some things are just matters of life experience. Burglars sometimes do this, thieves sometimes do that. Not all their actions (and not all ours) are valid, logical or the opposite.You are wrong. Your argument is invalig and illogical everywhere.
You have shown nothing and it is only unproven because no one tried to prove it and no one tried to prove it because no one wanted to prove it and no one wanted to prove it because proving it would have proved at the same time that those proving it were dopes when they had set about trying prove something wildly different."He might have taken them with one idea but realised it was not a good one and tossed them over Lana's hedge or he might have taken them to toss them" is the repetition of the hypothesys which I have already shown to be weak and unproven. Therefore it is not good to convict someone on it. You may think it's possible, but you have no proof. Guede could never be convicted of theft base on it.
If it were a crime to place a bloody foot on a bathmat but perfectly legal to murder someone, I could prove, beyond a reasonable doubt, that Guede's print is on that mat. It is all a question of focus.
Yes, I think understand. You don't put it very well but I agree with what you say (assuming I understand you correctly). Motive is a type of circumstantial evidence. If you have such evidence then you have to see where it takes you, how it fits with other evidence. But remember, there almost always is a motive for murder. In fact, you can probably take away the 'almost'. Killing people is against the law and you go to prison for a long time if caught. Therefore, you need a good reason to do it.And what I said is perfectly consistent, not contradictory at all. Is motive necessary to convict? No. But the logic is as follows: motive can be relevant only insofar as it is evidence. If motive is evidence, that is if there is logical evidence of a motive, this is relevant in one direction or in the other. If facts have no logical content as for a motive, motive is irrelevant.
So motive is unnecessary on principle, but might be relevant if facts indicate that evidence exists as a pice circumstantial evidence.
You should understand this as a lawyer.
Having a motive is a weakness. Try to conceive of the perfect murder but, to make it realistic, the murder has to be of someone you have a motive to kill, not some random person you never met before. Possessing the motive gives you a huge problem. It makes the exercise much harder. It makes the police look in your direction and they must see nothing untoward when they do. Seeking motive gives investigative direction to the cops: who had a reason to do this? It is very important and should not be dismissed on the narrow basis that, strictly speaking, it does not have to be proved. Strictly speaking it does not but that does not make examination of the motives of the players irrelevant. Hence the focus on strife between Amanda and Meredith. There tends to be less focus on Raffaele who cannot have had any real animus against the victim at all and must therefore be bent into shape to fit one or other of the scenarios favoured by your side: knife obsessed nutter, pawn in the hands of the she-devil, bored and out for fun, off his head on mind-alterating substances etc etc etc. Evidence? Nah.
Oh sorreeee! Outside the bag! That makes all the difference of course. His DNA was on her bag, inside or outside, it's evidence he touched her bag and she did have two phones and I guess she kept at last one in the bag we know he touched. If we are being 'logical' what is not logical about imagining a thief looking in her bag for money and keys and finding and taking her phone?Guede's DNA was not inside the bag: it was outside the bag, and one of the phones used to be in the pocket Meredith's jeans. He would not keep it in her purse. Moreover, not many people could guess Meredith had two phones. In order to search for it, you need to know it exists.
Utter poppycock. There was overwhelming evidence against Guede of going equipped to steal, possession of an offensive weapon, aggravated burglary, criminal damage, theft, rape and murder. It is only if you stipulate, in the absence of any evidence obliging you to do so, that others besides Rudy and the victim were present that any room for doubt arises. But there is no such evidence.My purpose, explaining all of this, is to show there was no evidence to convict Guede of the theft of the phones (that would not have added anyhing significant to his final 16 years sentence anyway).
It's a big if. Just as a matter of interest, what time (approximately) do you say Guede ran away when he ran away 'immediately'? And what had happened 'immediately' before he ran away?But if you have enough evidence that someone performed a staging, and (just to add something firthr) also indication that Guede instead ran away immediataly, than you may have enough evidence to attribute the theft of the phones to the stagers, since the theft is in the first and stronger explanation, a staging/alteration activity.